Governor Gavin Newsom has made waves by signing five new bills aimed at tackling the challenges posed by deepfakes in California, with two bills covering digital replicas of performers and three focused on elections and transparency in digital advertising. Below is a summary of the key provisions of each bill:

Protecting Performers

• AB 1836: This bill, introduced by Assemblymember Rebecca Bauer-Kahan, prevents the commercial use of digital replicas of deceased performers without the consent of their estates. It applies to various media, including films, television, and video games, ensuring that the likenesses and voices of deceased artists are used with consent.
• AB 2602: Sponsored by Assemblymember Ash Kalra, this legislation requires contracts to include a reasonably-specific description of the intended use any AI-generated digital replicas of performers’ voices or likenesses in order for such use to be permitted. It also mandates that performers be professionally represented during negotiations, safeguarding their rights over digital representations.

Election Advertisement and Communications

• AB 2655: This bill, introduced by Assemblymember Marc Berman requires large online platforms to label or remove misleading content related to elections. Under this bill, candidates, election officials, the Attorney General and district attorney are authorized to take action against platforms that do not comply, promoting accountability in digital media.
• AB 2839: This measure from Assemblymember Gail Pellerin expands the timeframe in which a committee or other entity is prohibited from knowingly distributing an advertisement or other election material containing deceptive AI-generated or manipulated content. It allows broadens the scope of current law, prohibiting materially deceptive content of candidates and elected officials, and providing them with means to act against distribution of such materials, i.e. misleading ads.
• AB 2355: Introduced by Assemblymember Wendy Carrillo, this bill mandates that any electoral ads using AI-generated or altered content must clearly disclose that the material has been altered, in an effort to ensure transparency. Under this bill, the Fair Political Practices Commission can enforce violations with the disclosure requirement and enforce the bill via injunctive relief and other remedies.

These new laws build on California’s growing regulations on artificial intelligence, including its existing deepfake laws. The highly-debated SB 1047 still remains on the Governor’s desk.

Listen to this post